AI @ USPTO: Trademark Update

One of the responsibilities of the United States Patent and Trademark Office (“USPTO”) is the administration of the federal trademark registry. Applications for the registration of trademarks are reviewed by the USPTO to assure that they include all of the required information for registration and that they do not conflict with any existing registered trademarks. Prior to submission of applications, applicants routinely undertake searches of the USPTO registry (either directly or through professional search services) to identify potential conflicts. That said, clearance of design marks has long been perhaps the most cumbersome aspect of such searches – until now.

Traditional methods for searching design marks include searching by keywords describing the design or by searching with the USPTO’s design search codes. However, such searches are imprecise and time consuming, particularly when the proposed design is complicated or abstract. Fortunately, the USPTO has now introduced an AI-driven image search tool in its trademark search system that is available to anyone with a USPTO.gov account. Access to the tool is a camera icon on the right hand side of the search bar. The system then allows a user to upload an image of the user’s proposed design mark and the system returns results with similar design elements.

The AI-driven image search tool is still in beta version, so its results are not definitive and applicants will still need to engage in traditional search methods before submitting applications for registration. However, use of the tool in early stages of development of a design concept may be helpful in identifying potential conflicts with currently registered design marks.

The attorneys at Poole Shaffery have years of experience in assisting clients with the development, registration and maintenance of design and word marks. We look forward to the opportunity to collaborate with you on your trademark and marketing strategies.